child custody issues

Querist : Anonymous (Querist) 23 December 2009 This query is : Resolved
My wife is seperated from me for the past year and a half alleging harrassment by me and my parents(father is deceased since and mother is a confirmed epileptic for 40 years), have recently applied for restituition of conjugal rights after legal aid redressal failed as respondent did not appear after due notice.In the meanwhile my brother in law/wife have taken my son to a pshyciarist for evaluation and allege that my son has declared that he does not want to see me.Based on this alleaged declaration, I am not allowed to see my son(last seen my son on 22/11/2008).
Q. Will the courts allow an impartial evaluation to confirm if the child is brainwashed?If found true what action can be taken aganist the guilty party(any precedents)?
Q.Is this action by my brother in law/wife punishable under the penal code?(1.Subjecting the child to an evaluation-leading to brain washing of the child(aleination of affection)
2.Brother in law/wife taking the role of judge and executioner without recourse to law and not allowing me(natural father) access to the child)

Any help to prepare strategically to get child custody would be welcome.

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Adv Archana Deshmukh (Expert) 23 December 2009
Anonymous, what is the age of your child? File an application for visitation rights in respect of your child and get permission to meet him at some neutral place. You can submit to the court that your child is being tutored against you which is not good for the healthy normal development of a child and so the child may be refusing to meet his father. The court'll not punish your wife but'll draw an adverse inferance against your wife if it is found that she is brainwashing the child due to her own personal negativity for you. Why don't you file an application for custody of your child?

Querist : Anonymous (Querist) 23 December 2009
Thanks for the prompt reply!

1)The child is 6 years and 7 months old.

2)I have applied for child custody (along with restituition of conjugal rights)

Further information:-

1) My son was taken away from me with out due information and a transfer certificate obtained from his school despite a specific letter submitted by me, to the school, not to entertain any such request as the child was comfortable in the school environs.
2)the child is now with his mother and grand parents(wife's home town) and admitted to a local school.I have documentary evidence showing father's name is not included in the admission register in the new school.
3)my wife is a home maker and dependent entirly on her brother and parents for her and the child's day today needs.

Q.Will this information help in showing negetive intent on the part of my wife and brother in law?

Adv Archana Deshmukh (Expert) 23 December 2009
It'll help. For custody of the child you need to show how you are a better parent to get the custody considering the welfare and healthy growth of the child. Also show how the child's mother and grand parents are poisioning his mind against you. The documentary evidence that show father's name is not included in the admission register in the new school is also one of the good piece of evid.

N.K.Assumi (Expert) 23 December 2009
Yes, agreed with Archana, welfare and well being of the child is the par amount consideration.

Raj Kumar Makkad (Expert) 23 December 2009
I do agree with Archna.

Querist : Anonymous (Querist) 07 June 2010
Update as of 6th June 2010:
1) My wife as of today has not yet replied to the plaint for RCR from me.It is more than 6 months now without any reply from her lawyer.However her first lawyer has withdrawn from the case and a new lawyer has been appointed.
2) interim Child custody case has come up:
a) Judge has given my wife till 16th June to confirm wheather whe will join me or wants to seperate.futher the judge has told that since my wife doesnot work he will have to give the custody of the child to me if my wife decides to ask for a separation.
b) my wife has kept on repeating to the judge that she percieves a threat from me to herself and the child( all verbal communication-nothing in writing)

MY QUESTIONS ARE:
1) THIS SEEMS TOO EASY-THE JUDGE SAYING THAT HE WILL GIVE CUSTODY OF THE CHILD TO ME IF MY WIFE ASKS FOR A SEPARATION...I WANT A HONEST TAKE ON THIS...IS THIS REALLY TRUE THAT THIS CAN HAPPEN?

2) IF NOT THEN WHAT CAN BE MY WIFES OBJECTIONS THAT THE JUDGE CAN/WILL HEED AND DENY CUSTODY OF THE CHILD TO ME?

3) WILL WITHDRAWL OF MY WIFE'S LAWYER BE ADVANTAGOUS TO ME OR NOT?(HE HAS WITHDRAWN BECAUSE HE HAS NOT BEEN ABLE TO CONVINCE MY WIFE AND MY MOM IN LAW TO RECONCILE)

PLEASE ADVISE.....

child custody issues

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